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MATTER OF ANGEL v. TRAVIS

Appellate Division of the Supreme Court of New York, Third Department.
Nov 26, 2003
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MEMORANDUM AND ORDER

Petitioner is serving prison sentences resulting from his 1989 conviction of the crimes of manslaughter in the first degree, attempted manslaughter in the first degree and assault in the second degree (see People v. Angel, 185 A.D.2d 356). The judgment of conviction arose out of an incident wherein petitioner fatally stabbed his girlfriend's mother after having stabbed his girlfriend numerous times in the presence of her children. Petitioner appeared before the Board of Parole in November 2001, following which his application for parole release was denied. This CPLR article 78 proceeding ensued. Supreme Court dismissed the petition, prompting this appeal.

Determinations of the Board of Parole are not subject to review so long as they comply with the applicable statutory requirements (see Executive Law ยง 259-i; see also Matter of Bramble v. New York State Bd. of Parole, 307 A.D.2d 463). "Judicial intervention is warranted only when there is a showing of ' irrationality bordering on impropriety'" (Matter of Silmon v. Travis, 95 N.Y.2d 470, 476, quoting Matter of Russo, 50 N.Y.2d 69, 77). Such a showing has not been made here.

It is apparent from a review of the record that the relevant statutory requirements were considered in this matter, with emphasis placed upon the violent nature of petitioner's crime and his "blatant disregard" for human life (see Matter of Lue-Shing v. Pataki, 301 A.D.2d 827, 828, lv denied 99 N.Y.2d 511). It should be noted that although the Board articulated the most compelling factors influencing its decision, it was under no obligation to discuss every factor it considered (see Matter of Strickland v. New York State Div. of Parole, 275 A.D.2d 830, 831, lv denied 95 N.Y.2d 768). Petitioner's remaining arguments have been considered and found to be lacking in merit.

Cardona, P.J., Crew III, Mugglin, Rose and Lahtinen, JJ., concur.

ORDERED that the judgment is affirmed, without costs.